High CourtsDivision Bench(2022) 06 PAT CK 0054

Sappers Welfare Association vs State Of Bihar And Ors

Patna High Court · Decided on 30 June 2022

HON’BLE JUDGES
Ashutosh Kumar, J · Jitendra Kumar, J
RESULT
Disposed Of
CASE NUMBER
Letters Patent Appeal No. 1854 Of 2017 In Civil Writ Jurisdiction Case No. 2406 Of 2016

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 215 words

Heard the learned counsel for the parties.

The appellant, a Welfare Association, wants registration as a trade union, which request was turned down by the concerned authority.

The learned Single Judge, while testing the aforesaid order, found that the appellant was required to invoke the appellate provision under the Trade Unions Act, 1926 Section 11(1)(aa).

By the order impugned, the appellant was directed to prefer an appeal and should he have made such an application within a month of the passing of the order, the appellate authority was given the direction to consider and dispose of the appeal on merits, without non-suiting the appellant on the ground of the same not having been done within the prescribed period.

Not having done so, the appellant preferred the present appeal.

We find that the learned Single Judge had passed the order on 14.09.2017 and this appeal was filed on 22.12.2017, which was taken up for the first time only in the year 2020.

Considering the delay, we direct that in case an appeal is now filed by the appellant within a period of sixty days from today, the appellate authority shall take into account the grievances of the appellant and shall pass a reasoned order within a further period sixty days.

This appeal stands disposed off accordingly.